Budgeting Investigator Support In Defense Of High Exposure Automotive Product Liability Cases

1.) Early Investigation and Evaluation Phase: Generally this phase requires approximately 120 hours of billable time and costs approximately $12K, expenses included. Although the tasks listed in this section add up to more than 120 hours, not all tasks are applicable to each case. A reasonably accurate budget may be prepared after only a few hours of evaluation and basic research.

Task	Hours	Rate	Expenses	Cost
Report Gathering And Witness Identification: Rule of thumb, 30% of time this phase, 36 hours
Locate accident site (Varies depending on furnished description)	1.0
Locate subject vehicles, determine disposition	3.0
Identify reporting agencies	2.0
Identify responding professional personnel	1.0
Prepare and obtain authorizations for release of records & conducting interviews	2.0
Obtain radio and/or response logs of emergency response agencies	1.0
Obtain initial call complaint from coordinating communications agency	1.0
Identify and locate scene lay fact witnesses	4.0		$200
Obtain reports and photographs primary & secondary law enforcements	2.0		$100
Obtain accident reconstruction reports (Often separate divisions)	2.0
Obtain scene survey data in .dxf and .dwg formats & photo-mapping data files	1.0
Obtain incident reports and photographs primary & secondary fire dept	2.0
Obtain ambulance report	1.0
Obtain death certificate, coroner report & photographs	2.0		$100
Conduct media search for articles & obtain media photographs	4.0		$300
Obtain weather reports	.5		$10
Obtain driving records	.5		$20
Obtain vehicle title history	.5		$20
Arrange initial photographic vehicle inspection (Non-engineering)	3.0
Arrange interviews of scene fact witnesses	8.0
Obtain general information of accident area (Chamber of Commerce, Visitors Bureau)	.5

Task	Hours	Rate	Expenses	Cost
Field Investigation: Rule of thumb, 50% of time this phase, 60 hours
Conduct initial photographic vehicle inspection (Towing fees, film & processing, same trip as fact witness interviewing)	7.0		$500
Photograph accident site (Film & processing)	5.0		$100
Interview scene fact witnesses (One trip 4 days in field)	40.0		$900
Fees paid for interviews of officials (Some departments require interview fees paid to the department or officer)			$400

Task	Hours	Rate	Expenses	Cost
Documentation: Rule of thumb, 20% of time this phase, 24 hours
Document fact witness interviews	22.0
Organize documents and photographs	3.0
Assist counsel in preparing EIEP Case Evaluation	7.0
Sales taxes			$650
Total EIEP Investigation

2.) Discovery Phase: As issues become defined and focused, so does facts collection. The role of the investigator shifts to supporting counsel and testifying experts in developing defenses or case posturing.

Task	Hours	Rate	Expenses	Cost
Attend case strategy meeting with counsel	3.0
Relocate fact witnesses (Often necessary in our mobile society)	12.0		$200
Arrange fact witness interviews	6.0
Interview fact witnesses or take statements (Consensus building)	40.0		$900
Prepare deposition outlines of potential fact witness testimony	6.0
Arrange fact witness depositions (Witness fees)	6.0		$300
Fact witness management (For special persons requiring attention)	3.0
Assist counsel in answering discovery regarding facts and fact witnesses	6.0
Collect fact witness statements given to others	3.0
Site data (Road & signing plans, maintenance records, accident frequency statistics, photo logs, aerial photography)	6.0		$100
Research accident site damage and repairs	4.0
Research vehicle ownership history (Telephone interview prior owners)	4.0		$20
Research vehicle repair history	4.0
Research prior accident(s) involving subject vehicle	10.0		$40
Engineering support (Collect exemplar peer group components & conduct photographic surveys)	40.0		$600
Document engineering inspection	12.0		$600
Obtain employment and education records	3.0
Unanticipated specific task unique to case (Many cases have one or more of these. This is not a fudge factor. It should be viewed as realistic budgetary item.)	30.0		$800
Prepare materials and exhibits for settlement conferences or arbitration	6.0
Sales taxes
Total

3.) Trial Preparation Phase: Depending on the nature of the case and case development, this phase may include tasks not completed in earlier phases. Holdover often occurs in “flat fee” or “fixed fee” matters when budgetary ceilings are lifted in the months prior to trial.

Task	Hours	Rate	Expenses	Cost
Assist in collecting and assembling trial exhibits (Photographs, demonstrative exhibits, exemplar parts)	40.0		$600
Engineering support (Surrogate work, additional photographic surveys)	40.0		$900
Obtain venue & prospective juror information (Local lore to personalize opening statement)	2.0
Sales taxes
Total

4.) Trial Phase

Task	Hours	Rate	Expenses	Cost
Attend trial strategy meetings	6.0
Assist in preparing trial witness and exhibit lists	12.0
Assist in marking exhibits	6.0
Prepare exhibits for exhibit exchange	20.0
Assist in line-cite marking of deposition transcripts	15.0
Assist in preparing opening statement outline on facts & fact witness testimony	12.0
Arrange appearance of fact witnesses at trial	15.0
Assist by managing large trial exhibits for viewing by jury (Arrange transportation and storage of bucks, subject and exemplar vehicles)	6.0
Assist in managing trial fact witnesses at trial (Two days at trial)	20.0		$600
Sales taxes
Total

M. A. DePompolo Products Investigations

Budgeting Investigator Support In Defense Of High Exposure Automotive Product Liability Cases

Report Gathering And Witness Identification: Rule of thumb, 30% of time this phase, 36 hours

Field Investigation: Rule of thumb, 50% of time this phase, 60 hours

Documentation: Rule of thumb, 20% of time this phase, 24 hours

2.) Discovery Phase: As issues become defined and focused, so does facts collection. The role of the investigator shifts to supporting counsel and testifying experts in developing defenses or case posturing.

3.) Trial Preparation Phase: Depending on the nature of the case and case development, this phase may include tasks not completed in earlier phases. Holdover often occurs in “flat fee” or “fixed fee” matters when budgetary ceilings are lifted in the months prior to trial.

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